Gunnoe v. Glogora Coal Co.

Lively., Judge:

The two questions certified relate, (1) to the action of the lower court in overruling defendant’s demurrer to plaintiff’s declaration, and (2) permitting defendant to file two special pleas.

The declaration contains three counts, in the first of which common law negligence resulting in the injury of plaintiff is charged, and there is no allegation that defendant had not at the time of the accident complied with the workmen’s compensation law. Plaintiff, in the lower court, and here, admits that the count is not sufficient, for that reason. The other two counts in effect charge…